Articles Posted in Car Accident

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An Ohio grandmother was struck July 8 by a car backing out of a driveway, then a passing SUV, resulting in the woman’s death.   

The woman, 72, was walking down the sidewalk with two children, a toddler and a 7-year-old, around 11:30 a.m. when a car backed out of the driveway. A passing SUV also hit the grandmother. She sustained fatal injuries while the toddler had minor injuries, according to reporting from local news outlets. The 7-year-old was not injured. 

The grandmother is being hailed a hero online by family members who said in a post honoring her that the children, who are her great-grandchildren, were “still here because of her.” 

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Florida drivers are no rookies when it comes to navigating roads near waterways, yet there is always the chance that an accident can happen. It is what causes Florida drivers – typically known for their boisterous control over a car’s horn and general disregard for road safety or state traffic laws – to slow down, lower their windows as they pass or carry a compact window hammer for emergencies. However, even with every precaution taken, there are times when a driver loses control of their car and the unthinkable can happen. 

Two teen boys in Broward County experienced just that around 9 p.m. Wednesday when a man lost control of his car and drove into a canal on McNab Road, according to reporting from WSVN Miami. The boys were across the parking lot from the canal near a Dollar Tree when they saw a man in a pickup truck go into the water. The teens launched into action and jumped onto the hood of the car to get the man, who was unconscious, out of the vehicle. 

The driver was later taken to a nearby hospital for treatment. 

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A driver taking 36 people, including high schoolers and their parents, on a road trip Saturday has been accused of being impaired while operating the vehicle, according to reporting from the Miami Herald

The driver, who was identified Tuesday evening as Keith Edward Shifflett, 55, was taking the passengers from Bradenton to Daytona Beach as part of Project Graduation, an alcohol-and-drug-free event organized for students who are graduating. The students, some of whom were still under 18 years old at the time of the incident, came from Sebring High School in Highland County, Florida. 

According to local reporting, the driver is accused of driving “recklessly” while running three red lights and ignoring pleas from passengers begging him to stop. Shifflett only stopped when a parent on the trip driving in a separate car got in front of the bus to block it. Shifflett was charged with 30 counts of culpable negligence and four counts of child abuse without great bodily harm.  

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Any pedestrian crossing the street on U.S. 1 or trekking down the sidewalk on Kendall Drive during rush hour knows to remain vigilant. Drivers in Miami have been known to text behind the wheel, speed, take traffic laws as suggestions and honk when unnecessary. The joke that Miami’s distracted drivers don’t know what they are doing is shared among coworkers, friends and grocery store clerks alike with a disapproving shake of their heads.

 It is only when there is a horrific and violent crash that cannot be undone that the chuckling stops and people are reminded of just how dangerous the roads can be. 

What happened? 

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People all over the world rely on public transportation to get them where they need to go every day. They go to work, school and are expected to come home safely. Sadly, that was not the case for at least 46 people last week in Marion County after a bus rollover crash killed eight farm workers on board and injured 38 others. 

According to a statement from the Florida Department of Highway Safety and Motor Vehicles, there were 53 people aboard a bus just before 7 a.m. on May 14 when it had a sideswipe crash with a 2001 Ford Ranger private truck. The bus went off the road following the crash, through a fence and later rolled over. 

At least eight of the 38 passengers who were injured were reported to be in critical condition, according to the Miami Herald. The driver of the truck involved in the incident, 41-year-old Bryan Maclean Howard, of Ocala, was charged Tuesday with eight counts of driving under the influence and manslaughter. Details on the name of the transportation company that operated the bus in the crash were not immediately available.

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Miami, June 2022 – Leesfield & Partners attorneys secured a record-setting verdict on behalf of clients, a family whose daughter was killed and son incapacitated by a drunk driver who was overserved at a popular Miami bar. While the reading of the jury’s verdict gave the family the satisfaction of knowing that some justice was served, it could do nothing to change the cruel reality of two broken-hearted parents who have lost everything.

While on their way to drop their daughter off at the airport for a flight to medical school orientation, the family car was hit head-on by a drunk driver speeding in the wrong direction on I-95. Their daughter, 23, was killed in the crash, and their son, 21, suffered catastrophic brain and orthopedic injuries, leaving him in a wheelchair, unable to speak, and requiring round-the-clock care for the rest of his life. The drunk driver had spent the night and early morning bar hopping and getting obliterated before making the terrible and fateful decision to get behind the wheel.

At trial, the Miami jury was visibly moved by Dad when he took the stand and tried to explain in his own words the unimaginable agony, grief, and struggle to carry on that he and his entire family wrestle with every day. Dad, who moved to America with his daughter and son when they were 6 and 4, shared with the jury that everything he and his wife did in life from the moment on was to make sure their children had every opportunity possible.

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Car_crash_2Suppose you are injured in an automobile collision caused by a negligent driver. You then go to a duly-licensed physician for medical care. You certainly trust your physician and her dedication to the well-being of her patients.  Ultimately, your physician provides treatment and even surgery.  Down the road of litigation, the negligent driver’s attorney claims that the surgery you underwent was medically unnecessary or unreasonable.  Assuming this treatment was “unreasonable,” should you be on the hook to pay for it?  Is it your fault if your physician provided unnecessary treatment by mistake or for financial gain? Of course not!

The Florida Supreme Court (Stuart v. Hertz Corporation) established long ago that a negligent party who injures another is liable not only for the resulting injuries, but is also liable for any medical negligence stemming from services of a competent physician.  This principle has been reaffirmed many times and even extended by Florida Courts to hold negligent parties liable for improper and unnecessary medical treatment performed by an allegedly unscrupulous physician.

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On October 1, 2013, the first law banning texting while driving comes into effect in the State of Florida. This law is a half step in the right direction, but a half step nevertheless.

crphoto 3_resize.jpgThe Florida legislator has advocated for a ban on cell phone use while driving for several years. The best compromise Tallahassee was able to reach has essentially pulled the teeth of the new law. We described in detail the shortcomings of the new piece of legislation in our previous articles on the topic:

Florida’s ban on texting while driving – A toothless law in need of more bite!

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At dawn this morning in Miami, a Chevy pick-up truck traveling eastbound on Northeast 15th Street, in downtown Miami, was t-boned by a white Daimler SMART car traveling southbound on Biscayne Boulevard. One of the investigators told the media that it is believed the driver of the SMART car failed to stop at a stop sign or a red light, which was the cause for the two vehicle to collide at such a high rate of speed.

car2go-crash.jpegThe incident occurred at approximately 4:45am on Wednesday August 14, 2013. The passenger of the SMART car, a young woman in her twenties was fatally injured and died at the scene. The driver of the SMART car was critically injured and rushed to Jackson Memorial Hospital. The condition of the driver of the pick-up truck remain unknown but reporters have shared that there are serious concerns he may have sustained a catastrophic spinal cord injury and may be paralyzed. (Photo on the left courtesy of Miami Herald)

The SMART car involved in this incident, whose driver was supposedly at fault, was a CAR2GO vehicle. According to the company’s website, CAR2GO is a mobility program launched in Austin, Texas back in November 2009. The company provides a fleet of free-floating vehicles distributed all over the city. Individuals who become members of CAR2GO have the ability to use any vehicle from the CAR2GO fleet at any time.

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On April 8, 2013, the Florida Judiciary Committee approved by unanimous vote a bill (SB 52) that would ban texting while driving statewide for the first time in Florida. The bill cleared The Senate Transportation Committee last February, cleared the Senate Communications, Energy, and Public Utilities Committee in March and this week cleared the Senate Judiciary Committee. The bill can now be taken to Florida’s Senators for a final vote.

If the bill passes the Senate and the House, this will mark the first time that a ban on texting while driving becomes in effect (on October 1, 2013) after several years of futile attempts to ban texting behind the wheel.

While any ban on texting and driving is a step in the right direction, the proposed law is so meaningless in its reach that it will sadly create absolutely no incentive or deterring effects to dissuade drivers to stop texting while driving throughout the State.

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